M/S. Sovamoyee Agro Industry And Allied ... vs The Authorized Officer
2025 Latest Caselaw 1034 Tri

Tripura High Court

M/S. Sovamoyee Agro Industry And Allied ... vs The Authorized Officer on 28 April, 2025

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                       HIGH COURT OF TRIPURA
                             AGARTALA
                          WP(C) No.133/2025
M/S. Sovamoyee Agro Industry and Allied Services, Proprietorship Firm
                                                        ......... Petitioner(s).
                              VERSUS
The Authorized Officer, E-Auction Sale Section, Punjab National Bank &
another
                                                      .........Respondent(s).

For Petitioner(s) : Mr. P. Roy Barman, Sr. Advocate, Mr. Pradyot Maishan, Advocate.

For Respondent(s) : None.

HON'BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH HON'BLE MR. JUSTICE S.D. PURKAYASTHA

Order 28/04/2025

Petitioner is the borrower who is aggrieved by the dismissal of his

application under Section 17 of the Securitization and Reconstruction of

Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI

Act, for short) filed against the e-auction sale notice dated 01.10.2024 on the

ground of delay of 34 days beyond the statutory period of 45 days for filing

such an application. The auction was held on 26.11.2024. Sale certificate has

been issued to the successful e-auction purchaser on 13.12.2024.

Mr. Pradyot Maishan, learned counsel for the petitioner, submits

that though the delay was not deliberate or inordinate, learned Debts Recovery

Tribunal, Guwahati refused to condone it and thereby dismissed the main

SARFAESI application which has caused miscarriage of justice. On being

confronted with the legal position that upon publication of auction notice,

redemption of the mortgaged property is not permissible in view of the

judgment rendered in the case of Celir LLP vrs. Bafna Motors (Mumbai)

Private Limited & others reported in (2024) 2 SCC 1 (paragraph-69), learned

counsel for the petitioner has sought to confine the challenge only to the point

of condonation of delay of 34 days in preferring the SARFAESI application.

It appears that the successful auction purchaser has not been

impleaded as a party. Let him be impleaded as a party during course of the day.

Let notice be issued only on the question of condonation of delay

of 34 days by the learned DRT, Guwahati upon the respondents No.1, 2 and the

newly added respondent under ordinary process and speed post, for which

requisites be filed within one week.

Notice is made returnable within 5(five) weeks.

   (S.D. PURKAYASTHA), J                               (APARESH KUMAR SINGH), CJ




Pulak


PULAK BANIK        Digitally signed by PULAK BANIK
                   Date: 2025.05.03 13:09:54 +05'30'